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ELRCPartially AllowedCause No. 550 of 2019· [2025] KEELRC 1015 (KLR)

Wairigu & 6 others v Catholic University of Eastern Africa (Cause 550 of 2019) [2025] KEELRC 1015 (KLR)

Employment and Labour Relations Court
28 March 2025
1,491 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed two employees' redundancy claims because they lacked evidence, awarding only Kshs. 50,000 to one employee for unpaid honoraria.

What this practically means

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Executive summary

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The Claimants sued the Catholic University of Eastern Africa alleging unfair termination on grounds of redundancy, seeking declarations of discrimination, damages, terminal dues, certificates of service and costs. The Respondent's application to declare the suit sub judice to the union's Cause No. 805 of 2017 succeeded on 11th November 2020, the court finding that the redundancy issue was pending in both matters, and the parties were given 30 days to amend or consolidate. Judgment in Cause 805 of 2017 was delivered on 25th April 2024, finding the redundancy genuine, procedurally compliant under section 40(1) of the Employment Act and terminal dues paid. As the claims of Brigit Ochiche Obara, Samuel Mburu Njuguna and Michael Onyango Nyotumba were not covered by that judgment, they were determined separately in this suit. The court found that Brigit was paid her October and November 2017 salary, leave pay and severance, and gave no evidence of unremitted deductions, and that Samuel proved none of his allowance claims; neither was entitled to compensation since the redundancy was lawful. Michael proved only his claim for procurement committee honoraria of Kshs. 50,000, which the Respondent did not demonstrate it had paid. The claims of Brigit and Samuel were dismissed and judgment entered for Michael in the sum of Kshs. 50,000. In view of the finding in Cause 805 of 2017 that the redundancy was lawful and that this suit had been filed while a similar suit was pending, there were no orders for costs.

Key legal issues

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01

Sub judice and overlap with Cause No. 805 of 2017

Holding

Cause No. 550 of 2019 was confirmed sub judice to Cause No. 805 of 2017 as the redundancy issues overlapped; the grievances in Cause 805/2017 included nearly all the Claimants here

Reasoning

An earlier application sought a declaration that the suit was sub judice to the union's Cause No. 805 of 2017. The court found the redundancy issue pending in both matters and directed the parties to amend or consolidate. Judgment in Cause 805/2017 was delivered on 25th April 2024, and only the claims of three Claimants not covered there remained for determination here.

p. 2
02

Proof of terminal dues claims

Holding

The redundancy claims of Brigid Ochiche Obara and Samuel Mburu Njuguna were not proved; Michael Onyango Nyotumba proved only the honorarium claim

Reasoning

The letter of redundancy showed the amounts paid to each Claimant, including salary, leave pay and severance. Brigid was paid October and November 2017 salary and gave no evidence of unremitted deductions. Samuel gave no evidence for his allowance claims. Michael gave no evidence for most heads, but the Respondent showed no proof of paying the procurement committee honoraria.

p. 7
03

Entitlement to compensation for unfair termination

Holding

Compensation was not available because the redundancy had been found lawful in Cause No. 805 of 2017 in accordance with section 40(1) of the Employment Act

Reasoning

The judgment in Cause 805 of 2017 found the redundancy genuine, valid and procedurally compliant under section 40(1) of the Employment Act, with terminal dues paid. That finding bound the analysis here, so no 12 months' salary compensation could be awarded to any of the three Claimants.

p. 3

Legal principles established

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  • A suit filed while another suit over the same subject matter is pending is sub judice to that suit and should be stayed pending amendment or consolidation
  • An employee who alleges unpaid dues or unremitted deductions must adduce evidence to prove them

Court orders

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  1. 1.Dismissal of the claims of Brigid Ochiche Obara and Samuel Mburu Njuguna
  2. 2.Judgment for Michael Onyango Nyotumba in the sum of Kshs. 50,000 in respect of unpaid honorarium
  3. 3.No orders as to costs

Authorities

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Legislation

  • Employment Actsection 40(1)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act over claims of unfair termination and redundancy

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Wairigu & 6 others v Catholic University of Eastern Africa (Cause 550 of 2019) [2025] KEELRC 1015 (KLR)", Case Analysis (2025). Cause No. 550 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1015/eng@2025-03-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.